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MAGEE v. METROPOLITAN LIFE INS. CO.

No. 07 Civ. 8816 (WHP).

632 F.Supp.2d 308 (2009)

John MAGEE, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. New York.

June 22, 2009.

Attorney(s) appearing for the Case

Jason A. Newfield, Esq., Frankel & Newfield, P.C., Garden City, NY, for Plaintiff.

Ian S. Linker, Esq., Metropolitan Life Insurance Company, Long Island City, NY, Allan Michael Marcus, Esq., Lester, Schwab, Katz and Dwyer LLP, New York, NY, for Defendant.

MEMORANDUM & ORDER

WILLIAM H. PAULEY III, District Judge:

Plaintiff John Magee ("Magee") brings this action against Defendant the Metropolitan Life Insurance Company ("Met-Life") pursuant to Section 1132 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq., challenging MetLife's denial of his claim for long-term disability benefits. MetLife counterclaims to recover an overpayment of benefits....

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